UK Statutory Instrument 2005 United Kingdom

Control of Noise at Work Regulations 2005

What this means for your business

6 obligations
6 penalties
6 can imprison
4 guides
Enforced by
HSE
Applies to
United Kingdom
On this page
6 compliance obligations, 4 practical guides across 2 topics
Read full text on legislation.gov.uk

What you must do

6 compliance obligations under this legislation — 6 can result in imprisonment.

Risk assessment 1

Carry out and keep a noise risk assessment

2 years imprisonment

If any of your work exposes staff to noise at or above the lower exposure action value, you must assess the risk to their health and safety. The assessment must look at how loud the noise is, how long people are exposed, any peak sounds, and interactions with other hazards, and you must review it regularly, involve employees, and record the results and any control measures you plan to take.

Employer s.5 HSE Work that may expose employees to noise at or above the lower …

Management duties 4

Eliminate or reduce employee noise exposure

2 years imprisonment

You must make sure that any risk from workplace noise is removed at source, or, if that isn’t reasonably practicable, reduced to the lowest level that is reasonably practicable. If workers could be exposed to noise at or above the upper exposure action value, you must put in place a programme of organisational and technical controls (apart from personal hearing protectors) and keep exposure below the legal limit at all times. You also need to provide quiet rest areas, adapt measures for vulnerable staff and consult employees on the actions you take.

Employer s.6 HSE When employees are exposed to noise – especially if exposure could reach …

Ensure proper use and maintenance of noise‑control equipment

2 years imprisonment

You must make sure that any equipment you provide to protect workers from noise (apart from personal hearing protectors) is used correctly and kept in good working order. This includes checking that staff are using the equipment as intended and arranging repairs or replacements when needed.

Employer s.8 HSE

Provide health surveillance for noise‑exposed employees

2 years imprisonment

If your risk assessment shows employees are or could be exposed to harmful noise, you must set up health surveillance (including hearing tests) for them. Keep a personal health record for each employee, let them see it on request, and give copies to the HSE if asked. If a test shows hearing damage, arrange a doctor’s exam, inform the employee, review your risk assessment and controls, consider moving the worker to safer duties, and continue monitoring all affected staff.

Employer s.9 HSE Risk assessment indicates a risk of noise‑related health effects to employees who …

Provide hearing protection and manage noise zones

2 years imprisonment

If any of your staff could be exposed to noise at or above the lower action value, you must make hearing protectors available when they ask for them. If the noise can’t be reduced below the upper action value, you must give protectors to everyone exposed, set up clearly marked Hearing Protection Zones, restrict access where practical and make sure protectors are worn.

Employer s.7 HSE When employees are likely to be exposed to noise at or above …

Training 1

Provide information, instruction and training on noise risks

2 years imprisonment

If your workers are exposed to noise at or above the lower exposure action value, you must give them (and their representatives) clear information, instruction and training about the noise hazard, how it is being controlled, the legal exposure limits, hearing‑protectors, how to spot hearing damage and their health‑surveillance rights. Keep this information up‑to‑date whenever the type of work or the way it is carried out changes.

Employer s.10 HSE When employees are exposed to noise likely at or above the lower …

Penalties for non-compliance

6 penalties under this legislation. 6 can result in imprisonment. 6 carry an unlimited fine.

Prison risk

Carry out and keep a noise risk assessment

Unlimited fine and/or 2 years imprisonment

Either way s.5 Penalises: Carry out and keep a noise risk assessment
Prison risk

Eliminate or reduce employee noise exposure

Unlimited fine and/or 2 years imprisonment

Either way s.6 Penalises: Eliminate or reduce employee noise exposure
Prison risk

Ensure proper use and maintenance of noise‑control equipment

Unlimited fine and/or 2 years imprisonment

Either way s.8 Penalises: Ensure proper use and maintenance of noise‑control equipment
Prison risk

Provide health surveillance for noise‑exposed employees

Unlimited fine and/or 2 years imprisonment

Either way s.9 Penalises: Provide health surveillance for noise‑exposed employees
Prison risk

Provide hearing protection and manage noise zones

Unlimited fine and/or 2 years imprisonment

Either way s.7 Penalises: Provide hearing protection and manage noise zones
Prison risk

Provide information, instruction and training on noise risks

Unlimited fine and/or 2 years imprisonment

Either way s.10 Penalises: Provide information, instruction and training on noise risks

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

15 classified provisions from this legislation.

Duties 6

  • s.5 Assessment of the risk to health and safety created by exposure to noise at the workplace employees
  • s.6 Elimination or control of exposure to noise at the workplace employee is likely
  • s.7 Hearing Protection employees
  • s.8 Maintenance and use of equipment
  • s.9 Health Surveillance specialist
  • s.10 Information, instruction and training The employer

Powers 3

  • s.11 Exemption certificates from hearing protection
  • s.12 Exemption certificates for emergency services
  • s.13 Exemptions relating to the Ministry of Defence

Definitions 2

  • Schedule 1 Daily Personal Noise Exposure Levels
  • s.4 Exposure limit values and action values

Exemptions 1